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Terms & Conditions of Use

Effective Date: February 6, 2015

Welcome to www.rapala.com. Normark Corporation d/b/a Rapala USA ("Rapala") provides this Site for use by you (as permitted below) conditioned on your acceptance of Rapala’s terms and conditions set forth in these Terms & Conditions of Use (“Terms of Use”). Your access to and use of the Site constitutes your agreement to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site.

Rapala reserves the right, in its sole discretion, to change these Terms of Use at any time. Therefore, we recommend that you read these terms carefully each time you access or use the Site.

Rapala strives to provide correct product and consumer care information, but we cannot guarantee the completeness or accuracy of this information on our site including without limitation: documents, videos, guides, search results, FAQ’s, manuals, product comparison information, etc.

**Please also review our Privacy Policy, as it contains important information regarding how we handle the data we collect about you and your personal information. Additionally, please review the Terms and Conditions of Sale, set forth below, for the terms for any purchase you make from the Site. Our Privacy Policy and Terms and Conditions of Sale are incorporated into these Terms of Use.

Areas of the Site, including without limitation various pages, applications, or programs contained within or otherwise related to the Site, may have different terms of use beyond these Terms of Use. If there is a conflict between these Terms of Use and the terms of use or disclaimer posted for a specific area of the Site, the terms of use or disclaimer posted for that specific area of the Site shall prevail with respect to your use of that area of the Site.

PERMITTED USE OF THE SITE

You may use the Site solely for your own personal, non-commercial use. You may download or print portions of the content of the Site, but not any significant portion of the content and not for republication or other distribution. You may use such downloads/print copies only for your own personal, non-commercial use, and you may not remove the copyright and/or other proprietary notices located on any such content.

Your use of the Site must be in accordance with all applicable laws. You do not acquire any ownership rights in the Site or any portions of its content, nor any license to the Site or any portions of its content.

RESTRICTIONS ON ACCESS TO AND USE OF THE SITE

Rapala does not allow unauthorized access (hacking) into the Site. The use of deep-links, page scrapes, web crawlers, spiders, web robots, web scutters, ants, automatic indexers, bots, worms, or other such devices, or programs, algorithms or methodologies which do the same or similar things, in connection with the Site is prohibited.

In your use of the Site, you shall not submit, post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate applicable law.

You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site. You may not obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Site. You may not access portions of the Site that you are not given linked access by Rapala.com such as, without limitation, through brute force attempts or to locate content through manipulation of the URL or subdomains.

To access this Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this site will be correct, current, and complete. If Rapala believes the information you provide is not correct, current, or complete, Rapala has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time.

Rapala reserves all rights in the Site and its contents not granted to you. Without limiting the foregoing, except as permitted in these Terms of Use, you may not modify, publish, reproduce, duplicate, recreate, upload, download, post, display, perform, transmit, distribute, assign, license, lease, transfer, sell, use to create derivative works or otherwise exploit the Site or the content of the Site (in whole or in part) for any purpose. Your use of the Site does not give you any right to use any of the logos, trademarks, service marks, or other indicators of origin appearing on the Site.

COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS

The entire content of the Site including, but not limited to, text, design, software, photography, video, graphics, music, sound, and the selection, coordination, arrangement, and enhancement thereof, is protected under the copyright laws of the United States, international treaties and other intellectual property laws and is owned by or licensed to Rapala. All trademarks, service marks and trade names are owned or licensed by Rapala.

LINKED SITES

This Site may contain links to other Sites on the Internet that are operated by third parties, including our business partners like VMC, and MarCum Technologies ("Linked Sites"). Rapala is not responsible for the content, advertising, products, or other materials made available on or through any Linked Site. Further, the presence of a Linked Site does not constitute an endorsement by Rapala of the content of the Linked Site, nor any association with its operators. The links to these Linked Sites are for your convenience only, and you access them at your own risk. Linked Sites are likely to have their own Terms of Use and Privacy Policy, and you are responsible for reading them to ensure your own compliance. Rapala shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with such Linked Sites.

Rapala has no control over third parties or any links they provide to the Site. If a third party links to the Site, such linking does not imply any sponsorship or endorsement of the linking web site by Rapala, or by any group or individual affiliated with Rapala. No web sites that link to the Site may contain content that is distasteful, offensive and/or controversial, breach any laws or regulations, nor may they frame, modify, or otherwise incorporate the content or other materials on the Site or incorporate materials not displayed by Rapala in conjunction with the Site.

BUSINESS PARTNER LINKED SITES

Rapala from time to time may provide information, products and/or links to specific manufactures on the Site, such as VMC and MarCum Technologies. Each of our business partners may have warranty information, privacy policies or terms of use. Please make sure you review any warranty information, privacy policies or terms of use which are presented by our business partners. You are responsible for reading any policies or terms of use presented by our business partners to ensure your own compliance. Rapala shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with any information, products and/or links to specific manufacturers on the Site.

UNSOLICITED INFORMATION

Please note that any unsolicited personal, confidential or proprietary information or material sent to Rapala through the Site, by e-mail or other means, will be deemed NOT to be confidential. By sending Rapala any such information or material, you grant Rapala an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, transfer and otherwise freely use those materials or information subject to Rapala’s Privacy Policy. Rapala does not accept new product ideas or product modifications. Rapala employs a team of engineers and researchers, around the world, for the purpose of continuous development and improvement of products. Any ideas submitted from an outside source may have already been developed or be under development by Rapala. Consequently, to avoid possible confusion or misunderstanding as to the origin of an idea, it is our policy to not accept product idea submissions at all. Any product idea submissions will not be reviewed by any person at Rapala who is qualified to evaluate them.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY RAPALA ON AN "AS IS" AND "AS AVAILABLE" BASIS. RAPALA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT OF THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RAPALA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. RAPALA DOES NOT WARRANT THAT USE OF THE SITE OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE.

RAPALA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THE SITE OR ANY SITE LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF RAPALA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

ON THE SITE, WE MAY DISPLAY NAMES, MARKS, PRODUCTS, ADVERTISEMENTS OR SERVICES OF THIRD PARTIES, POP-UP TEXTS OR LINKS TO THIRD PARTY SITES. IN NO EVENT WILL RAPALA BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIAL RELATED TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE OR ANY LINK CONTAINED IN A LINKED SITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THERE ARE DIFFERENT TERMS IN THE TERMS AND CONDITIONS OF SALE, BELOW.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Rapala does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

INDEMNIFICATION

You agree to indemnify Rapala and its officers, directors, employees, agents, distributors, partners and affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including without limitation reasonable attorney fees that arise from your misuse of the Site, including, but not limited to, your violation of these Terms of Use.

SECURITY

Any passwords used for this Site are for individual use only. You will be responsible for the confidentiality and security of your password. If you forget your password, you may contact Rapala at privacy@rapala.com for password assistance and to obtain a new password. Rapala does not monitor your password.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Rapala reserves the right to release your details to system administrators at other Sites in order to assist them in resolving security incidents. Rapala reserves the right to investigate suspected violations of these Terms of Use.

Rapala reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Rapala to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS RAPALA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RAPALA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER RAPALA OR LAW ENFORCEMENT AUTHORITIES.

USE OUTSIDE THE UNITED STATES

This Site is controlled, operated, and administered by Rapala from its offices within the State of Minnesota, United States of America. Rapala makes no representation that the content of the Site is appropriate or available for use at locations outside of the United States, or that access to the content from territories outside the United States is permitted. You may not use the Site or export the content of the Site (in whole or in part) in violation of United States export laws and regulations.

APPLICABLE LAW

These Terms of Use shall be governed by, and construed and enforced in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of laws, except that the federal law of the United States of America shall apply to questions regarding the validity, infringement or enforceability of United States federal patent, copyright and trademark rights relating in any way to these Terms of Use or the Site. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in Hennepin County in the State of Minnesota, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on you in the manner authorized by applicable law or court rule.

COPYRIGHT COMPLAINTS

Just as Rapala requires users to respect its copyrights and other intellectual property rights, and those of its affiliates and partners, Rapala respects the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on the Site without authorization or in a way that constitutes copyright infringement, please contact us.

RULES FOR PROMOTIONS

Any sweepstakes, contests, raffles or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules, as well as our Privacy Policy. If the Promotion is offered on our Facebook page, you further agree to Rapala’s Facebook Terms and Conditions applicable to the relevant Facebook promotion or Facebook page. Please review the About Us section of the Rapala USA Facebook page at facebook.com/rapalausa for more information. While participating in a particular Promotion or when visiting the Rapala Facebook page, the rules and/or terms and conditions for a Promotion or Rapala’s Facebook Page shall govern to the extent inconsistent with these Terms of Use.

MISCELLANEOUS

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Rapala as a result of this agreement or use of the Site.

These Terms of Use, along with the Privacy Policy and Terms and Conditions of Sale, constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Rapala with respect to the Site.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

ENFORCEMENT

Rapala reserves the right, in its sole discretion, to determine whether any action you take violates these Terms of Use. Rapala shall have the right, but not the obligation, to monitor your actions with respect to the Site to determine compliance with these Terms of Use. Without limiting any other rights or remedies of Rapala hereunder, at law or in equity, Rapala may suspend or terminate your access to the Site if there is any violation or threatened violation of any of these Terms of Use by you.

QUESTIONS

If you have any questions regarding these Terms of Use, please contact us.

TERMS & CONDITIONS OF SALE

IMPORTANT NOTICE: RAPALA IS WILLING TO SELL PRODUCTS TO YOU VIA THIS SITE ONLY IF YOU ACCEPT THESE TERMS AND CONDITIONS OF SALE.

BY ACCESSING AND USING THIS SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF SALE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF SALE, RAPALA IS UNWILLING TO SELL PRODUCTS TO YOU VIA THIS SITE AND YOU MAY NOT PURCHASE PRODUCTS THROUGH THIS SITE. Any purported change to these Terms and Conditions of Sale by you in any additional documentation is hereby expressly rejected.

These Terms and Conditions of Sale are a legal agreement between you, either an individual or authorized representative of a legal entity ("you" or "your"), and Normark Corporation d/b/a Rapala USA ("Rapala") applying to the products ("Products") purchased by you through the site www.rapala.com and our subdomains, including without limitation strikemaster.com, bluefox.com luhrjensen.com, sufix.com, stormlures.com, triggerx.com, terminatorlures.com, williamsonlures.com, iceforce.com (collectively, the "Site").

Rapala reserves the right, in its sole discretion, to change these Terms and Conditions of Sale at any time. Therefore, we recommend that you read these terms carefully each time you use this Site. By making purchases via the Site, you agree to be bound by the Terms and Conditions of Sale, Terms of Use and Privacy Policy posted on the Site at the time of the sale.

REGISTRATION, PASSWORD AND SECURITY

You can purchase our Products as a guest, or register your information for future purchases by completing Rapala’s registration process. Registration is not required to place an Order. As part of the registration process you must provide us with current, complete and accurate information as prompted by the applicable registration form and provide a password and a user name. You are entirely responsible for maintaining the confidentiality of your password, user name and account information, and for any and all activities that occur under your account. You agree to notify Rapala immediately of any unauthorized use of your account or any other breach of security. We strongly recommend that you log out of the Site and close your browser window when your session is completed to help prevent unauthorized people from accessing your password, username or account information. Rapala will not be liable for any loss that you may incur as a result of someone else using your password, user name or account, either with or without your knowledge. However, you may be held liable for losses incurred by Rapala or a third party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder and any actions you take using someone else’s account shall be binding upon both you and that account holder. While Rapala strives to protect the personal information and privacy of its users, your use of the Site to transmit or store personally identifiable information is at your own risk.

ORDERS

Orders. If you are a registered user, you can elect to “Sign In” either before or after you select Products to add to your cart (“Shopping Cart”). When you “Sign In”, you will be prompted to select “Returning Customers” or “Check Out as a Guest”. If you prefer to shop as a Guest, you can designate your transaction as a Guest by clicking on the “Sign in” link at the top of the screen where you will be directed to the same choice of a “Returning Customers” link or “Check Out as a Guest” link. Alternatively, you can fill your Shopping Cart and “Proceed to Checkout” to select the “Check Out as a Guest” link. You may then submit an order to us for Products pursuant to the order procedure set forth on the Site (“Order”) When submitting an Order you may be asked to supply certain information relevant to your Order, including, without limitation, your credit card number, expiration date of your credit card, your billing address and your shipping information. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of Orders initiated by you or on your behalf. Verification of information may be required prior to acknowledgement or completion of your transaction.

Order Validation and Acceptance. When you place an Order, we may verify your method of payment and/or shipping address before processing your Order. Your placement of an Order with us is an offer to purchase the Products on our Site. We may accept your Order by processing your payment and shipping the Product, or may, for any reason decline to accept your Order or any part of your Order. Rapala reserves the right to refuse service, reject orders, terminate accounts, remove or edit content, or cancel orders (for example, in the case of suspected fraud) in its sole discretion. Any acknowledgment of your Order by us means that your Order request has been received; it does not mean that your Order has been accepted or shipped, or that the price or availability of an item has been confirmed. No Order request shall be considered to be accepted by us until the Product has been shipped. If we decline to accept your Order, we will attempt to notify you using the email address or other contact information you have provided with your Order.

Product Updates. Certain Products, such as MarCum electronics, may require software updates to stay current with the available technology. This requires that you log in to marcumtech.com/upgrades. Please check your product description for more information on software updates.

Additional Terms. All Products, pricing, and promotions offered hereunder are at the sole discretion of Rapala. Products may be discontinued or changed at any time. We may limit or cancel quantities available for purchase on any Order on any basis, and to alter the availability or duration of any special offers at any time. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same account, the same credit card, and/or Order that use the same billing or shipping address.

Electronic Communication. When you place an Order though the Site, you are required to provide a valid email address and phone number, which we may use to communicate with you, among other ways, regarding the status of an Order, advise you regarding shipment of Products, and to provide you with other notices, disclosures or other communications relating to your Order. You agree that we will not be responsible for any damages you incur, or information you do not receive, as a failure to provide a valid email address and/or phone number.

Knife Purchases. By purchasing or ordering any knife you represent that you are 18 years of age or older and agree that you will take full responsibility for compliance with all applicable federal, state and local laws, regulations and other restrictions. Due to city and/or state regulations, Rapala.com does not ship knives into New York City, the City of Chicago or the State of New Jersey.

PRICE AND PAYMENT

Pricing and Product Information. We make every effort to provide current and accurate information relating to Products and prices, but we do not guarantee the accuracy or any such information. All pricing information is subject to change at any time without notice. In the event we discover a material error in the description or availability of a Product that affects your Order, or an error in pricing or quantity, we will attempt to notify you of the corrected information and you may choose to accept the corrected information or cancel your Order. If Rapala has charged your credit or debit card but subsequently canceled your Order, Rapala will promptly issue a credit to your credit or debit card account for the amount charged.

Responsibility for Shipping Charges and Taxes. None of our prices include, and you shall pay, shipping charges, any excise, sales, use or like taxes and any applicable surcharges, and therefore such prices are subject to increase in the amount of any such tax (excluding tax on net income), shipping and surcharges that Rapala may be required to collect or pay upon the sale or delivery of the Products purchased hereunder. The state in which you receive our shipment may require that you remit some form of taxes even if we aren’t required to collect taxes in your state. It is your responsibility to remit these taxes if your state requires it.

Prices. Prices are, and all payments shall be made, in U.S. dollars.

Payment. To the extent that a balance is due to us after use of any available gift cards, merchandise credits, or merchandise allotments payments to us will be made via your personal Pay Pal account or by credit or debit card through our Pay Pal payment gateway at the time you check out, or such other payment method as may be made available from time to time. You agree to pay the amount specified, including any applicable sales or other taxes, and shipping and handling charges and surcharges. Shipments to distant states such as Hawaii and Alaska may be subject to additional surcharges without advance notice to such customers at the discretion of Rapala. No discounts, quantity entitlements, or promotions apply unless expressly specified for the transaction. Orders will be processed and shipped pending credit card authorization.

Gift Cards and Gift Certificates. All gift cards, e-gift cards and other gift certificates are deemed purchased in and issued from the State of Minnesota. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.

Payment Information. Rapala and its payment industry business partners will process, store and use information about your transaction and your contact information, including name, phone numbers, address, and e-mail addresses, to process and fulfill your transaction. This use and all other uses of your personal information are governed by Rapala’s Privacy Policy and the applicable privacy policy of our payment industry business partners. If you process your payment via your personal Pay Pal account, you agree to the applicable Pay Pal terms of use and privacy policy and your payment information will not be stored by Rapala.

SHIPPING/DELIVERY

This Site is controlled, operated, and administered by Rapala from its offices within the State of Minnesota, United States of America. Rapala will not ship Products ordered via the Site to addresses outside the United States of America, nor will Rapala make sales to customers who use non-U.S. credit or debit cards via the Site. If you are a customer located in Canada or shipping to Canada, please go to www.rapala.ca. If you are a customer located anywhere else or shipping to anywhere else, please go to www.rapalaworld.com.

Rapala shall deliver the Products to the location set forth in your order within the United States of America using its choice of shipping company. For detailed information on Rapala’s shipping policies, please visit Shipping Methods, Cost & Timing. You are solely responsible for the accuracy of your shipping information that you provide Rapala. Risk of loss and title to the Products remains with Rapala until the Products are turned over to the carrier at which point risk of loss and title transfers to the carrier. Risk of loss and title are transferred to you when goods are delivered to the location you specified in the Order. You must inform Rapala within 10 days of receipt of your order if you believe any part of your purchase is missing, damaged or incorrect.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge that Rapala retains all right, title and interest in all intellectual property rights in and to the Products.

EXCEPT AS SET FORTH ON RAPALA’S WARRANTY INFORMATION PAGE, ALL PRODUCTS ARE SOLD ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES AT ALL. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RAPALA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHETHER WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.

Some states do not allow disclaimers of implied warranties or limitations on how long an implied warranty lasts, so the above disclaimer or limitation may not apply to you, and you may also have other rights which vary from state to state.

IN NO EVENT SHALL RAPALA BE LIABLE FOR DAMAGES ARISING AS A RESULT OF ANY DELAY BY RAPALA UNDER THESE TERMS AND CONDITIONS OF SALE. IN NO EVENT SHALL RAPALA BE LIABLE, AS A RESULT OF SELLING A PRODUCT HEREUNDER OR UNDER THESE TERMS AND CONDITIONS OF SALE, FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, TREBLE OR EXEMPLARY DAMAGES OR OTHER SIMILAR DAMAGES REGARDLESS OF THE CAUSE OF ACTION AND REGARDLESS OF WHETHER RAPALA KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. RAPALA’S AGGREGATE LIABILITY UNDER OR RELATING TO THESE TERMS AND CONDITIONS OF SALE WILL BE NO MORE THAN THE AMOUNT YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF A CLAIM.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, and you may also have other rights which vary from state to state.

RETURN POLICY

For the most comprehensive return policy information, please consult our Returns and Exchanges policy. Defective items, whether under or outside the warranty period, may require special handling. Defective MarCum items, for example, must be processed online at marcumtech.com/support/.

If your return no longer qualifies you for the same quantity discounts and/or free promotional item provided by the value of your original Order, you will be charged back for such discounts, and you will be required to return your free promotional item. If you do not return your free item, your original payment method will be used to charge you for the value of the promotional item.

INDEMNIFICATION

You agree to indemnify Rapala and its officers, directors, employees, agents, distributors, partners and affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorney fees that arise from your misuse of the Products, including but not limited to your violation of these Terms and Conditions of Sale, the Terms of Use or Privacy Policy.

GENERAL

Rapala will not be liable for performance delays or non-performance due to causes beyond Rapala’s reasonable control, including due to acts of God, war, riot, fire, labor trouble, unavailability of materials or components, explosion, accident, compliance with governmental requests, laws, regulations, orders or actions, or unforeseen circumstances. These Terms and Conditions of Sale, the Terms of Use, Privacy Policy and the details on the order form for the Products constitute the final, complete, exclusive and entire agreement between you and Rapala with respect to your purchase of Products hereunder, and supersede any contemporaneous or prior agreements, correspondence or information, oral or written. The failure of either party at any time to enforce any provision of these Terms and Conditions of Sale shall not prevent either party from enforcing any other provision. In the event that any portion of these Terms and Conditions of Sale, the Terms of Use or Privacy Policy shall be held to be unenforceable, the remaining portions of these Terms and Conditions of Sale, Terms of Use, and Privacy Policy shall remain in full force and effect.

APPLICABLE LAW

These Terms and Conditions of Sale shall be governed by, and construed and enforced in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Sale shall be filed only in the state or federal courts located in Hennepin County in the State of Minnesota, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on you in the manner authorized by applicable law or court rule.

QUESTIONS/ADDITIONAL INFORMATION

If you have any questions regarding the Terms and Conditions of Sale, the Products, your Order or you wish to obtain additional information, please send an email to privacy@rapala.com.

LAST UPDATED. These Terms and Conditions of Sale were last updated on February 6, 2015.